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St. Petersburg July/August 2005 • www.stpetebar.com
BAR ASSOCIATIONThe Magazine For The Legal Professional
Leadership is lifting a person's vision
to higher sights, the raising of a
person s performance to a higher
standard, the building of a personality
beyond its normal limitations.
- Peter F. Drucker
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Seymour Gordon - 2005-2006
St. Pete Bar President
Pamela D. Cichon
Professionalism: The Three Duties
Justin R. Zinzow
Rejuvenate Your Life... .Run a Marathon!
John V. Tucker
Legal Leaders In Training
Elementary Students Hold Mock
Trials for Law Week
James D. Thaler, Jr.
nParaclete: The Spirit of Truth July / August 2005
ST. PETERSBURGBAR ASSOCIATIONw
Vj'
\\ ai
St. Petersburg Bar Association
2600 M.L. King Street North, Suite 602
P.O. Box 7538, St. I'etersburg, PL 33734-7538
Phone: 727.823.7474 • Fax: 727.823.8166
E-mail: infot4stpetebar.com
Lawyer Referral Service: 727.821.5450
Features
8 Professionalism: The Three DutiesBy Justin R. Zinzow
Rejuvenate Your Life. . . Run a Marathon!By John V. Tucker
Seymour Gordon - 2005-2006 St. Pete Bar PresidentBy Pamela D. Cichon
The mission of the St. Petersburg Bur Associationis to serve the community ofSt. Petersburg
lawyers anil to strengthen ami improve the
administration ofjustice in the St. I'etersburg area.
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18 Executive DirectorNora Riva Bergman 727.823.7474
nbergmantn'st pet ebar.com
22 Legal Leaders in TraininElementary Students Hofd Mock Trials for Law WeekBy James D. -Thaler, Jr.
EditorJohn V. Tucker 737.323.8886
erisaC" andersontucker.com
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14Editorial Policy: "The Paraclete is edited for the members of
the St Petersburg Bar Association. The magazine is published
10 times per year and welcomes submissions for publication.
Publishing and editorial decisions are based on the editors'
judgment of the quality of the writing, the timeliness of the
article, and the potential interest to the readers of the magazine.
From time to time the Paraclete may publish artides dealing
with controversial issues.
The views expressed in the Paraclete are those of the
authors and not necessarily those of the editors, executive
committee or officers of the Si Petersburg Bar Association. No
endorsement of those views should be inferred unless
21
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29specifically identified as the official policy of the St Petersburg
30 Bar Association.
Advertising copy is reviewed, but publication herein does
not imply endorsement of any product service or opinion
advertised. Advertising rate cards are available upon request
by calling 727-823-7474 and may be downloaded at
wwwitpetebar.com. © 2004 St. Petersburg Bar Association.
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On the cover: President Seymour Gordon atop the mountains in Vail, Colorado.
TU« I. .1. . / A .
Professionalism: The Three DutiesBy Justin R. Zinzow
First of a two-part article.
t
Ito hold themselves to a level of conduct that
far exceeds the minimum standards.'ability, interest and habit of learning, so that
the person can develop himself or herself. The
reason one needs to "learn how to learn" is that
there is no one rule or societal norm that can be
strictly applied to every situation. People must
learn how to adapt the norms and ethical
standards they have read from a textbook to the
ever-changing ethical dilemmas one faces in
life. So who must teach ethical responsibility?
The answer, seemingly sarcastic, is teachers. The
noun, teacher, is derived from the verb, to teach.
The New Oxford American Dictionary defines
the word teach as to "induce someone by
example or punishment to do or not to do
something." It would be close-minded to think
that the only teachers are professional
instructors. In reality, all of us are "teachers" in
one sense or another, so we must all be dedicated
and disciplined in our education practices.
Professionalism as a Problem in
the Legal Profession
Although many students and practitioners can
proudly say that they have exceeded many of
the minimum standards, their duty to exceed
remains. The concept of professionalism is a
continuing one. It does not matter what has
been done in the past. A lifelong pursuit of a
career dedicated to professionalism is what truly
matters.
Education, dedication, and discipline: these are
the core values of every professional. Over the
past decade, the word, "professionalism" has
seemingly become a meaningless concept.
Some commentators argue that this is especially
true in the legal profession. Florida has recently
added several law schools, and with the number
of new lawyers on the rise, it has become
increasingly important to revitalize the concept
of professionalism. Professionalism consists of
three related duties: the duty to teach, the duty
to serve, and the duty to improve. This article
will be published in two parts, the first of which
discusses the concept of professionalism and
teaching the concept of professionalism. The
second part will discuss the duty to engage in
pro bono services and the duty to advocate for
improvement of the law.
While the concept of professionalism is simple,
application of it often is not because the true
test of integrity is in the face of adversity. It
seems as though the most ethically trying times
are the times in which a great deal of self-interest
is at stake. A true professional is one who looks
temptation in the eye and rejects it. This
professionalism philosophy should be advocated
by all law students, lawyers, and judges, by
virtue of writing on the subject and by virtue of
developing and implementing a comprehensive
education plan.
A. Teaching the Concept of
Professionalism
Dedication and discipline play central roles in
the concept of professionalism. These core
values are integral to being an uncompromising
role model. Every day, voluntarily or not,
every person teaches by example. A role
model must treat others with the highest
respect even when the courtesy is not
returned. An individual who leads by
example will elevate the professionalism of
those around him or her. It seems simple
because, after all, written rules of professional
responsibility regulate lawyers and law
students. But rules are no more than
minimum guidelines. Lawyers should aspire
IIThe Solution: The "Concept"
ofProfessionalism
1. Education in the Legal Profession
Setting an example for law students should be
an important goal for lawyers, since today's
students are tomorrow's legal professionals.
Law school is a type of intellectual boot camp,
so it is important to strip law students of
pre-programmed fallacies and build core
concepts of honor, duty, and integrity. One
admirable goal would be to facilitate this by
mentoring law students throughout their law
school career. As many law students work for
1 once heard -a professor disparagingly say that
ethics cannot be successfully taught to college
students because if they do not know it by now,
it cannot be taught to them. Such a statement
reflects tire negative personal attitude of many
persons in the "teacher's role." The teacher's
role is to open students to learning so that
those students may later teach themselves. This
kind of teaching is not limited to lecturing.
Instead, the concept of "education" simply
means teaching a person how to develop the
law firms during the summers, lawyers will
have extensive opportunities to help develop
professionalism in students, and ultimately, in
lawyers and judges.
companion duties of pro bono services and
improvement of the law will be discussed.
'After all, the Creed ofProfessionalism provides
that, in addition to adhering to the letter and spirit
ofthe professional code ofethics, lawyers "will at
all times be guided by a fundamental sense of
honor, integrity, and fair play." Rules Regulating the
Florida Bar (2001).
2. Teaching Professionally
Teaching the concept of professionalism in the
classroom should not be limited to professional
responsibility courses. Instructors can and
should find ways to incorporate ethical issues
into lesson plans and to discuss practical
problem exercises on a weekly basis. After all,
professionalism issues are not encountered in a
vacuum. In summary, the concept of
professionalism is an important one. Every law
student, lawyer, and judge should strive to
surpass the minimum standards of the
profession. Leading by example and instilling
values in the youth of the profession will create
an atmosphere that is ripe with honor, duty,
and integrity. In part two of this article, the
v! «I
*Justin R. Zinzow is a graduate of the
University at Albany School ofBusiness and
received his law degree from Stetson
University College of Law, where he
graduated 4th in his class. Mr. Zinzow
practices in Ruden McCloskey's St.
Petersburg office, where he concentrates his
practice in banking and deposit litigation,
creditor's rights, construction law, and
landlord tenant relationships.
IL 1
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as Providingt
Battaglia, Ross, Dicus 8c Wein, p.A.Fowler WhiteBoggs Banker
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St. Petersburg October 2005 • www.stpetebar.com
BAR ASSOCIATION¦
The Magazine For The Legal Professional
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*I i onalism: The Three Duties - Part 2-
By Justin R. Zinzow
Wr¦ W 3j Code
- Part 3
Using the Bank
to Take On the Ta51'
hBy Camille J. Iurillo ai na C. Beavens
%Ve AI Practice To ar Yet?
» Ir
B iser
A Look Ba
he St. Pett
TWHistory of
Associationv A
y James D. Thaler, Jr.
W Paraclete: The Spirit of Truth October 2005
ST. PETERSBURGBAR ASSOCIATIONI '//
U
I i rn. =
St. Petersburg Bar Association
2600 M.L. King Street North. Suite 602
P.O. Box 7538, St. Petersburg, FL 33734-7538
Phone: 727.823.7474 • Fax: 727.823.8166
E-mail: [email protected] Referral Service: 727.821.5450
Features
8 Professionalism: The Three Duties - Part 2
- By Justin R. Zinzow
Using the Bankruptcy Code to Take On the Tax Man - Part 3
- By Camille J. lurillo and Sabrina C. Beavens
Trial Practice Today - Are We At War Yet?
- By David D. Neiser
A Look Back- into the History of the St. Petersburg
Bar Association - By James D. Thaler, Jr.
Tlw mission of the St. Petersburg Bur Association
is to serve the community ofSt. Petersburg
lawyers ami to strengthen ami improve theadministration ofjustice in the St. Petersburg area.
12
Executive Director
Nora Riva Bergman 727.823.7474
EditorJohn V. Tucker 737.323.8886
Paraclete AdvertisingJoAnn Knight 727.823.7474
Around the Bar Design & ProductionZapata Design [email protected] m
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Get To Know - Scott Jeeves
Max imize^Your. Membership Benefits
Octoberfest 2005!
Jury Verdicts
16What's happening atwww.stpetebar.com21
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-Ox/
In Every Issue
4 President's Message
Ed itods Message6
10 The Well Balanced Lawyer
• •
Technically Speaking
Rainmaking
Foundation Page
What's Happening at www.stpetebar.com
Paraclete Parent
14
Editorial Policy: The Paraclete is edited for the members of
the St. Petersburg Bar Association. The magazine ts published10 times per year and welcomes submissions for publication.
Publishing and editorial decisions are based on the editors'
judgment of the quality of the writing, the timeliness of the
article, and the potential interest to the readers of the magazine.
From time to time the Paraclete may publish articles dealing
with controversial issues.
The views expressed in the Paraclete are those of the
authors and not necessarily those of the editors, executive
committee or officers of the St Petersburg Bar Association. No
endorsement of those views should be inferred unless
specifically identified as the official policy of the St Petersburg
Bar Association.
Advertising copy is reviewed, but publication herein does
not imply endorsement of any product service or opinion
advertised. Advertising rate cards are available upon request
by calling 727-823-7474 and may be downloaded at
wwwstpetebar.com. c 2004 St. Petersburg Bar Association.
18
24
26
28
30 Community Law Program
33 Classifieds
35 What's Up and Who's New
K
Professionalism: The Three Duties i •rBy justin R. ZinzowPart two of a two-part article.
II people by drafting and advocating bills that
are more proactive and protective than those
already in existence.
wronged have no remedy. Yet on other
occasions, the law provides a remedy where
none is needed. All too often, plaintiffs
receive a windfall despite their own wrongdoing,
ultimately causing an abundance of frivolous
lawsuits that clog the legal system and prevent
the courts from effectively and efficiently
entertaining important claims. But even in
those cases where there is a remedy, and that
The Solution: The "Concept"
of Professionalism
In part one of this article (July/August
Paraclete ) the importance of professionalism
in the legal profession was discussed. The
three element duties of professionalism were
outlined, with the first duty, teaching the
concept of professionalism, being analyzed.
This second and final part of the article will
discuss the two remaining duties: the duty of
service and the duty of improvement.
Ill Conclusion
In conclusion, the concept of professionalism
encompasses more than just following minimum
standards. The concept of professionalism
includes the duty to educate, the duty to give
back to the community, and the duty to
advocate for continuous improvement of the
law and society. Advocating the concept of
professionalism to lawyers and law students
will impact a class, which is inclusive not
only of those persons, but society as a whole.
Lawyers are placed in a position of trust. It is
the lawyer's duty to ensure that the letter and
spirit of the law created by the legislature and
enforced by the judiciary is upheld. Lawyers,
judges, and legislators are defenders of our
liberty, our privacy, or right to free speech,
and freedom of religion. The importance of
the law, those who create it, and those who
uphold it, is clear when one looks at the
effect a single legal dispute has on the entire
country. A perfect example of the importance
of the legal profession is Brown v. Board of
Education, where just a handful of lawyers
advocated desegregation to a panel of judges
on the United States Supreme Court, and
thereafter, the culture of this country was
changed forever. As Thomas Hobbes discussed
in Leviathan, without the law, and the people
who uphold it, there would be anarchy. It is
imperative that law students, lawyers and
judges hold themselves to a higher standard
than that required by the law; a standard of
true professionalism.
A legal system
designed to protect
individual rights
should consist of
proactive components.
B.Professionalism Includes the Duty
to Engage in Pro Bono Services:
A Duty ofSetyice
Another element of professionalism, which is
somewhat unique to legal services, is the duty
to undertake pro bono activities. Being a
lawyer is a privilege, not a right. Law students
and lawyers, unlike so many others, are given
the opportunity to learn a specialized legal
skill that is integral to the continued vitality
of society. Truly professional lawyers will be
compassionate to the needs of people less
fortunate: people who have nowhere else to
turn, people who need a helping hand. It is a
lawyer's duty to advocate for, not only those
who can afford it, but for those who cannot.
The lawyer's duty is to protect those who
cannot protect themselves. Every lawyer
should continue donating legal services to
people who are less fortunate.
remedy is justified, it is merely reactive in
nature, and cannot fully restore the rights of
the individual. In theory, many of the laws in
existence protect individual rights by punishing
those who invade those rights. However,
neither money nor incarceration can bring
back one's sense of serenity that was stolen
by another. Therefore, a legal system designed
to protect individual rights should consist of
proactive components.
This proactive approach must be strongly and
persistently advocated to legislative bodies.
As lawyers we have been endowed with the
skills necessary to make us persuasive
advocates for human rights. It is our duty to
use these skills to advocate for, not only our-
own clients, but for society as a whole. It is
also important that lawyers seek to become
elected policymakers within legislative
bodies. Every lawyer should seek to protect
individual liberties by molding and creating
law. As policymakers, lawyers would be able
to devote their time entirely to serving the
C. A Professional Must Advocate
for Continuous Improvement of the
Law and Society: the Duty of
Improvement
The legal profession could not properly function
without law. So often, large gaps exist in the
law, and many people fall through the cracks.
It seems that the majority of people who are
1 Some commentators cite the well-
publicized McDonalds lawsuit to support
this contention, although as the authors of
the cited article contend, the suit had more
merit than the media portrayed. O'Brien,
Shafher, Stuart, Kelly & Morris, P.C., The
MCDONALDS Coffee Cup Case - -
Separating The McFACTS From The
I
IMcFICTION (November 1999).
(holding that a customer who burned herself
with hot coffee was entitled to $ 640,000 in
damages).
i I i | l i
f\ , ¦tr
mTufustin R. Zinzow is a graduate of the
University at Albany School of Business and
received his law degree from Stetson University
College of Law, where he graduated 4tli in
his class. Mr. Zinzow practices in Ruden
McCloskey's St. Petersburg office, where he
concentrates his practice in banking and
deposit litigation, creditor's rights,
construction law, and landlord tenant
relationships.
' XjC
«
Ifyou would like to respond to Justin
Zinzow's opinion or any 'other portion of
Paraclete, please e-mail your comments to
the Editor at [email protected].
381• , I IPJ¦ill
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